Aquaphor preservatives class action lawsuit overview:
- Who: Deon Watts filed a class action lawsuit against Beiersdorf Inc.
- Why: Watts claims Beiersdorf advertises that its Aquaphor lip-repair products contain no preservatives, despite them allegedly containing the well-known preservative sodium ascorbyl phosphate.
- Where: The class action lawsuit was filed in New York federal court.
Global skin care company Beiersdorf falsely advertises that its Aquaphor lip-repair products have no preservatives when they actually contain a well-known preservative, a new class action lawsuit alleges.
Plaintiff Deon Watt’s class action lawsuit claims the Aquaphor lip-repair products are labeled as preservative-free to “induce” health-conscious consumers to purchase the products.
“Defendant markets its Products in a systematically misleading manner by misrepresenting that the Products do not contain preservatives,” the Aquaphor class action states.
Watts wants to represent a nationwide class and New York subclass of consumers who bought an Aquaphor skin care product during the applicable statute of limitations period.
Aquaphor lip-repair products contain sodium ascorbyl phosphate, class action claims
Watts argues the Aquaphor brand skin care products contain sodium ascorbyl phosphate, a form of vitamin C she claims is “commonly added to as an antioxidant in cosmetics and skin care products.”
“Sodium ascorbyl phosphate functions as a preservative in the Products, and this is true regardless of Defendant’s subjective purpose or intent for adding them to the Products,” the Aquaphor class action states.
Watts claims Beiersdorf is guilty of unjust enrichment, breach of express warranty and of violating New York General Business Law.
The plaintiff is demanding a jury trial and requesting injunctive relief along with an award of compensatory and statutory damages for herself and all class members.
A similar class action lawsuit was filed against Johnson & Johnson earlier this month by a consumer arguing the company falsely labels one of its Neutrogena shampoo products as “preservative-free,” since it allegedly contains the preservative citric acid.
Have you purchased an Aquaphor lip-repair product? Let us know in the comments.
The plaintiff is represented by Julian C. Diamond, Alec Leslie and Israel Rosenberg of Bursor & Fisher PA and Nick Suciu III, Erin J. Ruben and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC.
The Aquaphor lip repair class action lawsuit is Watts v. Beiersdorf Inc., Case No. 1:24-cv-00527, in the U.S. District Court for the Eastern District of New York.
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